Merced Superior Court Filing Timing and Cure Windows

Service of the Prejudgment Claim of Right to Possession extends the waiting period before proceeding by 10 days.

Service of this form will extend the time you have to wait (10 days) before proceeding in your case but it will permit you to evict unknown adults living at the residence from the property as well.

A tenant personally served with the summons and complaint has five days to file an answer with the court.

The tenant has five (5) days after being served personally with your Summons and Complaint to file his/her Answer with the Court.

A tenant served by substitute service or nailing and mailing receives an additional 10 days to file an answer.

If a tenant was sub-served (papers served on another adult living at the home and subsequently mailed) or served by nailing (and mailing) a copy of the Summons and Complaint to the tenant, then the tenant has an additional 10 days to file his or her answer with the court

An individual served with a Prejudgment Claim of Right to Possession has 10 days to file the claim with the court.

If a Prejudgment Claim of Right to Possession was served, the individual served has 10 days to file his/her Claim of Right to Possession with the Court.

When the tenant was served by substitute service or nailing and mailing, a default judgment cannot be requested until the 16th day after service.

i.e. a default Judgment cannot be requested until the 16th day after the papers were served in this manner

A defendant must file a written response within five calendar days after service, subject to the stated weekend and court-holiday extension.

You have 5 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.

Deadline

10 court days

If you live here, you must complete and submit this form within 10 days of the date of service shown on it to avoid eviction without further court hearing along with the persons named in the Summons and Complaint.

If you live here and you do not complete and submit this form within 10 days of the date of service shown on this form, you will be evicted without further hearing by the court along with the persons named in the Summons and Complaint.

Deadline

10 court days

The filing fee must be paid, or a fee-waiver application filed, within 10 court days after service to preserve entitlement to the claim.

I understand that if I don't pay the filing fee or file with the court the form for waiver of court fees within 10 days from the date of service on this form (excluding court holidays), I will not be entitled to make a claim of right to possession.

Deadline

5 court days

After filing the Prejudgment Claim of Right to Possession, the claimant must file a response to the Summons and Complaint within five court days.

11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form.

An unlawful detainer case must be set for trial no later than 20 days after the first request to set the case for trial.

An unlawful detainer case must be set for trial on a date not later than 20 days after the first request to set the case for trial is made (Code Civ. Proc., § 1170.5(a)).

Deadline

15 calendar days

The CASA Advocate must submit a written findings and recommendations report to the CASA Advocate Coordinator at least 15 days before the hearing, and the Coordinator must file it with the Court at least 10 days before the hearing.

9. Attend Court hearings and submit a written report to the CASA Advocate Coordinator outlining the Advocate's findings and recommendations at least fifteen (15) days prior to the hearing. The CASA Advocate Coordinator will file the report with the Court at least ten (10) days before the hearing.

Deadline

10 calendar days

A serving CASA must file its written hearing reports at least 10 calendar days before the hearings.

A. In any case in which a CASA has been appointed by the Court and is now serving on that case, the CASA must file and serve written reports to the Court and on the parties and/or their counsel at least ten (10) calendar days before the hearings.

The civil-case statement must be filed before the Case Management Conference date.

A party in any type of civil case must file a statement prior to the Case Management Conference date indicating whether the party requests the presence of an official court reporter.

Papers necessary for hearings in the listed default, dissolution, probate, adoption, minor-compromise, and related matters must be filed on the third court day before the hearing.

All papers necessary to hearing in default cases (including default dissolutions), return of service on orders to show cause (except wherein the Court has by order shortened the time of service), probate matters, adoptions, compromise claims of minors, including proof of notice, posting affidavits of publication, agreements in dissolution actions, etc., shall be filed on the third court day preceding the date set for hearing.

Judges’ signed orders must be filed immediately in the clerk’s office and may not be removed from the courthouse before filing.

All orders signed by a Judge must be filed immediately in the clerk’s office. An unfiled, signed order shall not be taken from the courthouse.

An electronically transmitted document is not deemed filed unless the clerk accepts it for filing.

No document transmitted electronically is deemed filed unless it is accepted for filing by the clerk.

A mandatory electronic filing submitted before midnight is deemed filed that day.

Electronically filed documents subject to the mandatory electronic filing requirements filed prior to midnight will be deemed filed as of that day pursuant to Code of Civil Procedure section 1010.6, subdivision (d)(1)(D).

A document requiring same-day service must be electronically filed by 5 p.m. on the filing-due court day.

However, if same day service of a document is required, the document shall be electronically filed by 5 p.m. on the court day that the filing is due.

For this rule, the filing date and time are based on when the court receives the document and creates a confirmation of receipt.

For purposes of this rule, a document is deemed filed on the date and at the time it is received by the court and a confirmation of receipt is created in accordance with California Rules of Court, rule 2.259(a)(1).

The party seeking an ex parte order should submit the application, supporting papers, and fees to the clerk no later than 2:00 p.m. on the preceding court day.

The Court requests that the party seeking an ex parte order submit the application and all supporting papers and fees to the clerk for filing no later than 2:00 p.m. on the Court day preceding the hearing.

Deadline

15 calendar days

The Case Management Statement must be filed no later than 15 calendar days before the scheduled case-management conference or review.

Such statement must be filed no later than 15 calendar days before the date set for the case management conference or review as specified in California Rules of Court, rule 3.725.

Deadline

5 court days

The mandatory settlement conference statement must be filed and served at least five court days before the scheduled hearing.

It is mandatory that all parties or counsel shall, at least five (5) court days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement on Local Form MSC-CV-051

Plaintiff must file a dismissal request within 45 days after settlement unless dismissal is conditioned on performance of terms not completed within 45 days.

A request for dismissal must be filed by Plaintiff within forty-five (45) days after the date of settlement unless the settlement agreement conditions dismissal on the satisfactory completion of terms that are not to be performed within forty-five (45) days of the settlement.

Deadline

6 court days

All other motions in limine must be filed and served on opposing counsel by 4:00 p.m. six court days before the trial call date.

All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) Court days prior to the trial call date.

Deadline

3 court days

Any written opposition to an in limine motion must be filed by 4:00 p.m. three court days before the initial trial call date.

Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) Court days prior to the initial trial call date.

Deadline

10 court days

Unless otherwise ordered or legally excused, pretrial motions must be served and filed at least 10 court days before hearing, opposition papers at least 5 court days before hearing, and reply papers at least 2 court days before hearing.

Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least ten (10) court days, all papers opposing the motion at least five (5) court days, and all reply papers at least two (2) court days before the time appointed for hearing.

A Vehicle Code section 40902(d) request for trial de novo must be filed within 20 days after the original decision is mailed.

A request for a trial de novo pursuant to Vehicle Code section 40902(d) must be filed no later than twenty (20) days from the date of mailing of the Court’s original decision.

Deadline

10 calendar days

A serving CASA must file written reports with the Court and serve the parties or their counsel at least 10 calendar days before the specified review, permanency, selection and implementation, and post-permanency planning hearings.

In any case in which a CASA has been appointed by the Court and is now serving on that case, the CASA must file and serve written reports to the Court and on the parties and/or their counsel at least ten (10) calendar days before each of the following hearings: those dispositional hearings that have been continued pursuant to Welfare and Institutions Code Section 358, subdivision (a) six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (366.26 hearing); and post- permanency planning reviews.

A declaration must be filed and approved before March 31 each calendar year to remain on the court’s eligible-counsel list.

To remain on the court’s list of counsel eligible for appointment, a declaration must be filed and approved before March 31 of each calendar year.

Each party has 20 days, plus 5 days for mailing, from the date the Family Law Clerk's office mails the recommended order to file an objection with the Court.

Each party will have twenty (20) days (plus 5 days for mailing) from the date the Family Law Clerks’ office mails out the recommended order to file an objection with the Court.

All parties or counsel must file a settlement conference statement with the Superior Court clerk and serve it on every party at least ten days before the scheduled hearing.

It is mandatory that all parties or counsel shall, at least ten (10) days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a settlement conference statement on containing the following:

Exhibit lists, witness lists, expert witness declarations, and trial briefs must be served and filed no later than fourteen days before the first trial or long-cause-hearing day.

All Exhibit Lists, Witness Lists, Expert Witness Declarations and Trial Briefs shall be served and filed no later than fourteen (14) days prior to the first day set for trial/long cause hearing.

Deadline

2 court days

When a remote appearance is granted, all exhibits and documents must be lodged with the court at least two court days before the first trial or long-cause-hearing day.

If a remote appearance is granted all exhibits, documents, etc shall be lodged with the Court at least two (2) court days prior to the first day of trial/long cause hearing.

Deadline

5 court days

Media requests generally require five days' notice, although a Judicial Officer may find good cause to permit a later request.

There is a five-day notice rule (CRC Rule 1.150) for Media Requests, but a Judicial Officer can find “good cause” if the request comes in at a later time.

Deadline

5 calendar days

A CASA may submit reports for noticed special hearings, but any such report must be filed at least five calendar days before the hearing.

The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.

The stated electronic-filing timing rules do not restrict the clerk's authority to reject filings.

Nothing in this section shall limit the clerk’s authority to reject filings.

Deadline

3 court days

Documents intended to cure a technical defect should be filed at least three court days before the hearing.

If you are filing documents to cure a technical defect, documents should be filed a minimum of 3 court days prior to the hearing.

Deadline

5 calendar days

A CASA report for a noticed special hearing is optional, but if submitted it must be filed at least 5 calendar days before the hearing.

The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.

Deadline

2 court days

A CASA appointed before jurisdiction is established may submit a report for the jurisdictional hearing, but any such report must be filed with the Court at least 2 court days before the hearing.

If the CASA is appointed before jurisdiction is established under Welfare and Institutions Code section 300, the CASA may submit a written report to the Court for consideration by the Court at the jurisdictional hearing; and such report must be filed and served on the parties and/or their counsel at least two (2) Court days before the jurisdictional hearing.

Deadline

5 court days

Retained counsel should file the declaration at least five court days before the first court appearance if time permits, or present it at that appearance.

If retained, counsel should file the declaration into the case in the appropriate clerk’s office at least five (5) court days prior to their first court appearance, if time permits, or present it to the Court at their first appearance.

Deadline

1 court days

Ex parte hearing requests are reviewed by a judicial officer and set for hearing within one to two court days after submission.

All ex parte requests for hearing shall be reviewed by a Judicial officer and set for hearing per the Judicial officer’s instruction. All requests will be reviewed within 1 to 2 court days of submission.

The fourteen-day deadline remains firm after a continuance unless the court orders otherwise.

Unless otherwise ordered, in the event of a continuance, this deadline remains firm.

The court's filing confirmation serves as proof that an electronically submitted document was received and filed.

The court will issue a confirmation that the document has been received and filed in accordance with California Rules of Court, rule 2.259. The confirmation shall serve as proof that the document has been filed.